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Australian Medical Liability, 2nd Edition
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Australian Medical Liability, 2nd Edition

Price: $167.00
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Published Mar 2013 (LexisNexis)
ISBN: 9780409333282. Soft Cover.

Madden, B; McIlwraith, J 

Australian Medical Liability is a comprehensive handbook focusing on medical liability in the context of the civil liability legislation across Australia. This thoroughly revised second edition by Bill Madden and Janine McIlwraith, provides a detailed and in depth commentary on the elements of medical liability legislation. Australian Medical Liability follows the structure of a medical negligence claim through duty, breach and causation, ensuring its practicality as a resource for the busy practitioner and the interested student. 

In addition to incorporating those key case decisions that have been handed down since the first edition, this second edition of Australian Medical Liability includes new chapters on apologies, good samaritans, intoxication, and contributory negligence. The loss of chance chapter has been rewritten to reflect changes to the law following recent High Court authority. 


• One stop reference for legislation and case law on medical liability in Australia 

• Specialist text specifically dealing with medical liability law 

• Includes flow charts, timelines and mind maps 

• Written by highly respected medical liability lawyers

Part A - Introduction

1. Introduction to and framework of Australian Medical Liability

Part B - Duty

2. Duties regarding informed consent
3. Duties regarding treatment
4. Duties to non-patients and third parties
5. Duties to disclose error
6. Vicarious liability and non-delegable duties

Part C - Breach

7. Breach of duty in informed consent cases
8. Breach of duty in treatment cases
9. Breach of duty in treatment cases - case examples
10. Public authorities
11. Apologies
12. Good Samaritans
13. Intoxication
14. Contributory negligence

Part D - Causation

15. Causation in informed consent cases
16. Causation in treatment cases
17. Loss of Chance

Part E - Special categories

18. Wrongful birth claims
19. Intentional torts


Madden, B

Bill Madden is a solicitor specialising in medical negligence litigation and a regular writer and speaker on medical law issues. Bill also teaches undergraduate and post graduate medical law subjects. He is an Adjunct Fellow, School of Law, University of Western Sydney and an Adjunct Professor, Faculty of Law, Queensland University of Technology. 

McIlwraith, J

Janine McIlwraith is a solicitor practising in medical negligence litigation and health law. She has written for Halsbury's Laws of Australia and contributes regularly to various professional publications on medical law issues. Janine has also presented at conferences and seminars. She is currently undertaking her PhD at the Australian Institute of Health Innovation, University of New South Wales.


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